THANDULAL DHANUKA Vs. STATE

JUDGEMENT

(1.) These two Revision Cases have been heard together as they arise out of the same case now pending in the Court of the Chief Presidency Magistrate, Calcutta, and raise same point regarding the power and control of the Court of the Magistrate over the goods seized by the Customs authorities upon search warrant issued by the Magistrate under Section 172 of the Sea Customs Act.

(2.) Relevant facts for the purpose of these two cases are that a proceeding started in the Court of the Chief Presidency Magistrate, Calcutta, when on September 16, 1962, two persons were produced in that Court under arrest under Section 175 of the Sea Customs Act. On that day, on the prayer of the Customs authorities, search warrants were directed to be issued by the learned Chief Presidency Magistrate. On the next day, that is, September 17, 1962, an application was made by the Customs authorities that as a result of the searches on the previous day, they had reasons to suspect that the documents connected with illegal importation of goods seized at those previous searches and contraband goods are secreted in the Locker No. 236B at the United Bank of India, Jorasanko Branch. In accordance with the prayer in that petition, the learned Chief Presidency Magistrate issued search warrant for seizure of the contents of that locket No. 236-B to wit the documents and contraband goods. On September 27, 1962, an application was made to the Chief Presidency Magistrate by an officer of the Bank to direct that the locker may not be broken upon by ordinary mistries which will damage the locker but to have the Locker forced open by the manufacturers of the Locker Messrs. Godrej Boyce and that direction was made by the learned Chief Presidency Magistrate.

(3.) The search warrant issued by the Chief Presidency Magistrate on September 17, 1962, was executed on October 1, 1962, and wrist watches. Indian Currency Notes and documents etc., were seized from Locker No. 236-B. The Customs authorities made an application to the Chief Presidency Magistrate on October 3, 1962, and, on their prayer the seized articles were permitted by the Chief Presidency Magistrate to be retained by the Customs authorities for "three months as prayed for" and he directed them to report by January 4, 1963. On January 4, 1963, upon the report made by the Customs authorities, the learned Chief Presidency Magistrate "permitted them to retain the seized materials until further order in respect of Locker No. 236-8 in the Safe Deposit Vault of the United Bank of India as prayed for." On February 20, 1963, prayers were made before the Chief Presidency Magistrate by Thandulal Dhanuka and Ramprosad Dhanuka for return to them of Rs. 71,000/- and silver coins and 385 wrist watches seized from the Locker No. 236-6. On February 21, 1963, the Customs authorities made a report regarding the currency notes, silver coins and watches and the matter was heard on March 9, 1963, and orders were reserved by the learned Chief Presidency Magistrate for March 13, 1963. Before an order was made, however, on March 9, 1963, a formal complaint was made by Sri S. N. Banerjee, Assistant Collector of Customs and Superintendent, Preventive Service, Calcutta Customs, against 18 accused persons including Ram Prosad Dhanuka and Thandulal Dhanuka, who are accused Nos. 10 and 11 respectively in that complaint, alleging offences under Section 167(81) of the Sea Customs Act. Cognizance of that alleged offence was taken by the learned Chief Presidency Magistrate on March 9, 1963.